Westphalian Sovereignty: Rights,Intervention, Meaning and Context

Over the last two centuries or so sovereignty has proved to be an enigmatic institution, at once constant and changing. Presently, it faces sustained and diffuse siege. Relatively few studies have approached this enigmatic institution from a semantic angle. This paper assesses the meaning of sovereignty within a framework of competing logics as it faces up to a key normative challenge—human rights—bringing together the apparently conflicting norms of non-intervention and intervention against a background of discourse analysis. From “Westphalia” to the current logics of action and normative theory, the discussion places the institution of sovereignty against current, intra-disciplinary factors as an addition to the literature that serves to underscore how a fundamentally re-imagined concept is required, in theory and practice, to account for and promote humanitarian needs.     

Sovereignty as Responsibility

This article examines the development of a new normative principle of international order, sovereignty as responsibility; its communitarian implications; and the ways in which the newly conceived responsibility of the “international community” to protect the people of states failing to live up to their responsibilities as defined by international norms can come to terms with the notion of democratic self-government.     

McDonaldisation of Sovereignty: A Foucauldian Analysis of Responsibility to Protect

The importance of the principle of Responsibility to Protect (RtoP) has typically been attributed either to its character as a presumed new norm (normative ontology) or to its capacity to influence international politics by mobilising political actors to protect civilians through military interventions and other forms of intervention (causal ontology), as witnessed in the recent cases of Libya and Côte d'Ivoire. This article will argue for an additional model of explanation, according to which the main significance of RtoP might best be understood by reference to its character as a political statement of global policy networks (discursive ontology) calling for the reinterpretation of the sovereignty regime. The article will apply Michel Foucault's theory of discursive fields to demonstrate that RtoP beneficially introduces human security as an additional criterion of state sovereignty, thus contributing to the “humanitarisation of sovereignty”. However, RtoP also engenders “McDonaldisation of sovereignty” and “sovereignty-consumption” mentality in that it attempts to transform and homogenise pluralistic state sovereigns into a universal, seemingly humanitarian mould. As a drawback, this McDonaldisation process excludes some victimised groups from the remit of international concern.     

Re-visioning the “Eye in the Sky”: targeted drone strikes and an ethics of the encounter

ABSTRACT

The complexities which beset any attempts to ascribe a foundational ethic to matters of a political stripe are well known, and continue to provoke fierce debate within studies of international relations, geopolitics and security studies. Unsurprisingly, these questions have taken on crucial import within the sub-field of critical terrorism studies (CTS), as authors grapple with the range of counter-terrorism, counter-radicalisation and counter-extremism practices enacted by the Western state as part of an ongoing ‘War on Terror.’ And while much of this scholarship has been invaluable in problematizing the concept of ‘terrorism’ per se, normative questions have proven somewhat more elusive. Through a reading of the film Eye in the Sky, along with its take on the controversial counter-terrorism practice of targeted drone assassinations, this article reiterates the case for an ethical approach which takes radical difference as the basis for any engagement with the Other. Moreover, and following international relations authors of a poststructuralist lineage, it will be argued that supplementing Levinasian ethics with Derridean deconstruction can open up new and useful ways of approaching such seemingly intractable ethical conundrums.     

Human Security: The Making of a UN Ideology

Inspired by the conclusions of the United Nations Intellectual History Project, this article seeks to enrich the ongoing discussion on the role of ideas in UN activities. The focus here is on security, an issue often regarded as the organisation's raison d'être. The article argues that over the past two decades the ideology of human security has been the driving normative force behind the global policies advocated by the UN in the area of security. The first part analyses the UN's official discourse, and demonstrates the political importance that it ascribes to the concept of human security. The second section examines a set of global policies that illustrate how the world body has sought to put the principles of human security into practice. While recognising that these policies fall short of the ambitions articulated in UN rhetoric, the article suggests that they have opened a small but very real breach in the epistemic framework underlying the traditional conception of security.     

The National Polity and the formation of the modern national subject in Japan

This article analyses how the concept of Kokutai, or the National Polity, emerged and developed in the course of Japanese modernisation. The National Polity was the central principle that underpinned the mystic and divine authority and sovereignty of the Japanese Emperor (Tennō), and played an ideological role during the Asia Pacific War. Nevertheless, the definition of the National Polity was highly ambiguous and there was no dominant interpretation of the National Polity even in the wartime period from the 1930s to 1940s. In this article, I shall put forward the view that the 1930s and 1940s discourse of the National Polity involved logical or rational ideas that have commonly been thought to be antagonistic to the National Polity; therefore the discourse became complex, ambiguous and paradoxical. This article will elucidate how the discourse of Taishō Democracy, which has been perceived as a major critique of the National Polity, also contributed to the mass-based ideology of the National Polity. In order to examine this problem comprehensively, I will explore various strands of the National Polity debates from the early Meiji period to the 1940s, such as the thought of Itō Hirobumi, Inoue Tetsujirō, Hozumi Yatsuka, Uesugi Shinkichi, Minobe Tatsukichi, Yoshino Sakuzō and Miki Kiyoshi.     

Sovereignty Negotiations and Gibraltar's Military Facilities: How Two "Red-Line" Issues Became Three

The Brussels Agreement signed between Britain and Spain in 1984 aimed to resolve all aspects of the dispute over Gibraltar, including sovereignty, which dated back to the Treaty of Utrecht of 1713. Desultory progress was made in negotiations until 2001, when the British Government decided to attempt to negotiate a joint sovereignty agreement. From the outset two non-negotiable ('red-line') issues on Britain's part were established: the agreement must be permanent, and it must be subject to a referendum in Gibraltar. As the negotiations progressed, a third 'red-line' issue emerged: Britain insisted on retaining control of Gibraltar's military facilities. The article explores how this third issue emerged and the possible reasons why it did so following 9/11.     

主权观念与地区合作——以中国-东盟合作为例

主权观念对地区合作的影响体现在世界观、原则化信念和因果信念等方面。主权观念有利于建立行为者间基本的信任,推动地区合作。但由于各国的自我保护意识和难以消除的防范心理,国家之间的深度合作也难以实现。在中国-东盟合作过程中,主权观念既为合作的平稳开展提供了前提条件,推动了合作的迅速发展,但也在观念逻辑和现实纠纷上阻碍着地区意识的生成和一体化的深入发展。东亚地区主权观念根深蒂固既与传统价值体系的延续有关,也与近代以来受屈辱的历史记忆有关,同时也受国家发展阶段与现实利益考量的影响。这些因素都具有长期稳定性,因而在主权观念问题上,短时期内地区各国都无意也无力改变。     

Meiji Japan's China solution to Tokugawa Japan's China problem

The underlying concern of this article is with the function and purpose of the normative imaginary of ‘China’, Chūgoku (Zhongguo) or Chūka (Zhonghua) in the Japanese discourse up to and around the mid-nineteenth century; namely, how it was deployed to make sense of the historical situation facing the contemporaries amid the combined internal and external crises and how it structured the range of options available to them. To exemplify this, we first turn to the debate of the shape of the polity that straddled the critical decades of 1850s–1860s. The self-conscious restoration of a past political ideal was the ostensible justification of the revolutionary overhaul, but in terms of the models of polity, there existed very different versions and understandings of what past could or should be restored. In the classical conceptual language of politics, the choice was between the hōken and gunken model. While the year 1871 saw a closure that cast Meiji as a gunken revolution, the debate continued beyond and the shift of preferences from hōken to gunken needs to be explained. In arguing for Meiji as a ‘Chinese revolution’, we can further point to the surprising degree of overlap between the concerns of earlier Edo-period commentators and the actual factors of the revolution when it finally arrived. Lastly, the normative imaginary of China is shown to have served as the key mediating filter for processing and appropriating the West both before and after the Meiji revolution.     

Rhetoric and ethics: looking at the marks of our reading/speaking in society

ABSTRACT

This article follows aspects of the current debate on racism as embodied in the AIDS-HIV controversy. It discusses President Thabo Mbeki's AIDS letter to world leaders in terms of the religious reality it invokes and his reaction to opposition at home regarding his stance on the link between AIDS and HIV. His handling of opposition is analysed in terms of Emmanuel Levinas's concept of the Other and J Hillis Miller's concept of the law of the text. The article concludes that the debate on racism is still stifled by essentialist thinking on both sides of the racial spectrum, making it very difficult to transcend the situation.     

South African soap opera as the other: The deconstruction of hegemonic gender identities in four South African soap operas

Abstract

This article examines the potential role of soap opera narratives in the construction (or deconstruction) of identities within the South African context. The narratives of four South African soap operas (Egoli – place of gold, Isidingo – the need, Generations and 7de Laan) are analysed. Although identities of race and class are also relevant in soap opera narrative, this article focuses on gender identities. It is argued that soap opera may be constituted as other, and that it might therefore be a possible site for the deconstruction of hegemonic identities. Brief reference is made to Edward Said and the origin of the term ‘Orientalism’. This is linked firstly to the concept of the other, and more precisely the concept of ‘women as other’ as theorised initially by Simone de Beauvoir, but more specific to this article, Luce Irigaray. The second section argues that soap opera may be gendered as feminine and female and consequently marked as other for various reasons. The final section accepts the hypothesis of soap opera as feminine and female, and thus other, and attempts to analyse the relevant soap operas in terms of the negotiating or deconstructing of gender identities and the consequent social relevance of these texts.     

Normative media theory in the digital media landscape: from media ethics to ethical communication

In this article it is postulated that normative media theory has lost its heuristic value in the new digital media landscape with its ensuing mediatisation of life, society and the world. The reason for this is that normative media theory is based on the principles of media ethics which are mainly concerned with journalism. In the new media landscape the media involves far more than journalism and journalism as the cognitive paradigm for current thinking about media. The media has infiltrated almost every aspect of human communication, it is omnipresent and pervasive. For this reason the principles of ethical communication instead of media ethics are proposed as being more appropriate for normative media theory. This proposition is expanded in the rest of the article with a discussion of “traditional” normative theory as a yardstick for the measurement of ethical media practice and performance against the appropriateness and applicability of “traditional” normative theory in the digital media landscape. Outstanding features of the new media landscape, including the move from mass communication to network communication, and the emphasis on interactivity and interconnectivity contributing to the conversion of the media user into a media producer, are discussed, and presented as a motivation for the proposition to move from media ethics to communication ethics as the epistemological foundation of “new” normative theory.     

The end of emancipation? CTS and normativity

ABSTRACT

Although CTS can be described as a broad church, scholars working within this approach want to produce knowledge which can help shape, improve, change, or replace contemporary counterterrorism. Guided by Marx’s mantra that the point of theory is not only to interpret the world but to change it, CTS has since its inception challenged the status quo of contemporary counterterrorism on the basis that it is possible to conduct counterterrorism differently, more humanly, and, put plainly, better. The concept of emancipation was identified early on as the foundation and basis for knowledge. However, a deeper debate on emancipation has largely been absent since 2010. Could it be that CTS exhausted the debate on one of its core commitments only five years into its existence? Have we reached the end of emancipation? Or could it be that emancipation is not that attractive at all for CTS and its normative projects? This article begins with a review and a state-of-the-art discussion of emancipation within CTS. While it might be the end of emancipation in its traditional conceptualisation, the article argues that emancipation can be retained as the basis for normative theorising and action within CTS when reconceptualised as a Weberian value-axiom. The article concludes by exploring a transfiguration of the concept of emancipation itself.     

The Costs of Respecting Sovereignty

Respect for sovereignty can be an effective tool to manage relations between states, drawing boundaries of acceptable behavior. But there are also clear costs of respecting sovereignty. A foreign policy based on a principled defense of sovereignty can be, in fact, morally wrong, politically illegitimate, and strategically dangerous. This does not mean that sovereignty should be broken wantonly, but only that prudential judgment must be exercised to weigh the costs and benefits of respecting the sovereignty of a state. In the end, our security and our values, not the principle of sovereignty, should be the metric by which we should judge the necessity and legitimacy of U.S. actions.     

Sovereignty and the Foreign Fighter Problem

Sovereignty is the bedrock of international law. If security requires that the United States transgress sovereign borders to attack foreign fighters and their support networks hiding in third countries, then the U.S. should adopt a strategy to amend international law accordingly. One should not be too quick, however, to disregard a robust notion of sovereignty, a concept that has helped avert conflict among the world's major powers. The United States needs a strategy for sovereignty's future that is based in the emerging security context and a prioritization of American interests. Instead, the United States and the rest of the world are meandering toward a less robust sovereignty with weaker and more ambiguous international law. The U.S. and its global interests would be better served by strong and clear international rules that increase predictability and that confer legitimacy to action against dangerous enemies.     

Journalism in a new democracy: The ethics of listening

Abstract

This article takes as its point of departure the recent massacre of striking miners at the Lonmin mine at Marikana in North-West Province, South Africa. The shooting, in which 36 mine workers were killed, was an attack on civilians by state forces unprecedented in the democratic era. The incident received wide local and international coverage. In this article the author argues that the reporting of the event demonstrated how the professional routines of journalism and the orientation towards audiences are related to the position of the mainstream news media within social and political discourses in the country. The author goes on to explore the normative questions raised by the reporting of the event, against the background of the role of the news media in a new democracy. The concept of ‘listening’ is proposed as an ethical alternative to the current dominant normative frameworks for journalism in the country.     

Proto-norms and global media ethics

Abstract

Normativity is a problem of modernity. Relativism has emerged with the negation of moral universals. Clifford Christians consistently argues for the concept of proto-norms as a workable basis for normative ethics applied to media practices that operate on a global scale. Christians declares philosopher Charles Taylor to lie in the background of his theorising, but seldom gives a hint as to how Taylor’s thought influences his own. There appears to be sufficient congruence between Christians’ thinking about proto-norms and the articulation of hypergoods, strong evaluation and persons in Taylor’s philosophical anthropology to consider this to be the influence, among other sources Christians draws on. Of particular interest is Taylor’s insistence that persons always exist in normative moral space as an inescapable horizon of existence. The article explores some aspects of Taylor’s thought that may shed light on what proto-norms are and how they may be applied in the quest for a viable global media ethics in an age when moral relativism seems to be the media's only ethical principle.     

Theorizing “cosmopolitan” support for indigenous people

ABSTRACT

This article presents a nuanced analysis of the role of the international support for a social movement in India, which became known as the Niyamgiri Movement. It uses the theory of normative cosmopolitanism to conduct the analysis. The Niyamgiri Movement was aimed at preventing the mining of a mountain which an indigenous community believed was sacred. The article advances theoretical insights into normative cosmopolitanism, and it also contributes to previous research on the Niyamgiri Movement in India that has not examined the role of its international supporters in sufficient detail. In the article, postcolonial scholar Gayatri Spivak’s theories are used to qualify the analysis of the international support for the Niyamgiri Movement in terms of normative cosmopolitanism. The concept of soft power is also discussed as an alternative theoretical lens, which could also be used to interpret the role of the governmental actors that supported the Niyamgiri Movement.